EDITORIAL : GIVE IT UP, MIKE; COUNCILMAN SHOULD RESIGN HIS SEAT.

ABSURD as it may seem, Mike Hernandez would have a hard time going back to work in his profession as a bail bondsman. But there is nothing in his way to going back to being a Los Angeles City Council member.

Hernandez plans to resume his City Council duties today, more than a month after being arrested on suspicion of felony cocaine possession.

He has undertaken a difficult task, to reclaim his life from the downward spiral of drugs and alcohol. In that regard, he has all of Los Angeles in his corner, rooting for his success at overcoming a paralyzing force in his life.

But his efforts to keep his $93,000-a-year council job while undergoing treatment are sadly misguided. Hernandez should take the honorable path and relinquish his seat.

Barring that, the council has an obligation to the people of Los Angeles to make sure he fulfills his official duties honorably.

Nothing in the City Charter prevents him from serving out his term. On Oct. 27, he is scheduled to appear in court and plead guilty to one felony count. If he successfully completes a court-supervised drug rehabilitation program that could last up to 36 months, that conviction would be erased.

But under the law, Hernandez is still required to declare himself a convicted felon in certain circumstances. For example, if he wanted to return to his old job as bail bondsman, he would have to apply for a special administrative hearing through the state Department of Insurance, Legal Division.

While the state doesn't specifically bar felons from holding bond licenses, ``he would have a terrible time getting his license back,'' according to staff counsel Elizabeth Tuckwell.

He also could never be a policeman. By law, he must disclose the arrest on any application for a peace officer.

Legally, Hernandez can continue representing his 1st District. Ethically and morally, he must step aside. He has severed the bonds of public trust. Someday, he may earn that trust back.

But it is ridiculous to assume he can attend to the needs of his constituents wholeheartedly and effectively while going to drug rehab classes in the off hours.

And if his colleagues and good friends on the council truly support his getting off drugs and alcohol, they will do him the very real service of sending him the clear message that he has forfeited his right to serve.